Common use of Defense to Enforcement Clause in Contracts

Defense to Enforcement. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other Person, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other Person. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or in the name of the Borrower or such other Person. If the Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating Creditor, in contravention ---------------------- of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Bank may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, any Bank or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or such Bank or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Banks and the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Lender may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated DocumentsAgreements in respect of the Subordinated Debt, then the Agent, any Lender or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or such Lender or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, obtains on account of the Subordinated Debt any cash or other assets of the Borrower or any other Person Company as a result of any administrative, legal or equitable actions, or otherwise, the such Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Lenders and the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against any of the Borrower or any other PersonBorrowers, then the Borrower or such Person Borrowers may interpose as a defense or plea the making of this Agreement, and the Administrative Agent or any Secured Party may intervene and interpose such defense or plea in its own name or in the name of the Borrower or such other PersonBorrower. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Debt Documents, then the Administrative Agent, the Borrower any Secured Party or any other Person of the Borrowers may, by virtue of this Agreement, restrain the enforcement thereof in its own name or (as the name of the Agent or case may be) in the name of the Borrower or such other PersonBorrowers. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, obtains any cash or other assets of any of the Borrower Borrowers or any other Person guarantor of or provider of collateral security for the Senior Debt as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor Lender agrees forthwith to pay, deliver and assign to the Administrative Agent, for the account of the Secured Parties, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating any Subordinated Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonCompany, then the Borrower or such Person Company may interpose as a defense or plea the making of this Agreement, and the Collateral Agent or any Senior Creditor may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonCompany. If the Subordinating any Subordinated Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the its Subordinated Debt or enforce any of the its Subordinated Documents, then the Agent, the Borrower Collateral Agent or any other Person Senior Creditor or the Company may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Collateral Agent or such Senior Creditor or in the name of the Borrower or such other PersonCompany. If the Subordinating any Subordinated Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person Company as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating such Subordinated Creditor agrees forthwith to pay, deliver and assign to the Collateral Agent, for the account of the Senior Creditors and the Collateral Agent with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Lender may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, any Lender or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or such Lender or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person Company as a result of any administrative, legal or equitable actions, or otherwise, the such Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Lenders and the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against any of the Borrower or any other PersonBorrowers, then the Borrower or such Person Borrowers may interpose as a defense or plea the making of this Agreement, and the Agent or any Secured Party may intervene and interpose such defense or plea in its own name or in the name of the Borrower or such other PersonBorrower. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Debt Documents, then the Agent, the Borrower any Secured Party or any other Person of the Borrowers may, by virtue of this Agreement, restrain the enforcement thereof in its own name or (as the name of the Agent or case may be) in the name of the Borrower or such other PersonBorrowers. If the Subordinating CreditorLender, in contravention of the terms of this Agreement, obtains any cash or other assets of any of the Borrower or any other Person Borrowers as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor Lender agrees forthwith to pay, deliver and assign to the Agent, for the account of the Secured Parties, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Bank may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, any Bank or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or such Bank or in the name of the Borrower or such other PersonBorrower. If the any Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person as a result of any administrative, legal or equitable actions, or otherwise, the such Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Banks and the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Bank may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, any Bank or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the its name of the Agent or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person Bank Borrower as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Banks, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.

Defense to Enforcement. If the Subordinating Creditor, in ---------------------- contravention of the terms of this Agreement, shall commence, prosecute or participate in any suit, action or proceeding against the Borrower or any other PersonBorrower, then the Borrower or such Person may interpose as a defense or plea the making of this Agreement, and the Agent or any Bank may intervene and interpose such defense or plea in its name or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, shall attempt to collect any of the Subordinated Debt or enforce any of the Subordinated Documents, then the Agent, any Bank or the Borrower or any other Person may, by virtue of this Agreement, restrain the enforcement thereof in the name of the Agent or such Bank or in the name of the Borrower or such other PersonBorrower. If the Subordinating Creditor, in contravention of the terms of this Agreement, obtains any cash or other assets of the Borrower or any other Person as a result of any administrative, legal or equitable actions, or otherwise, the Subordinating Creditor agrees forthwith to pay, deliver and assign to the Agent, for the account of the Banks and the Agent, with appropriate endorsements, any such cash for application to the Senior Debt and any such other assets shall be held as collateral for the Senior Debt.